TA8-17244

TA8-17244

The claims are rejected because the Board found the claimants were victims of common criminality without nexus to a Convention ground and did not face a personalized risk greater than that faced generally in Mexico under s.97; credibility issues and inconsistencies further undermined their accounts.

Citation
TA8-17244
Parties
Male Claimant: XXXXX XXXXX XXXXX; Female Claimant: XXXXX XXXXX XXXXX XXXXX XXXXX; Minor Claimant (daughter): XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 June 2009
Procedural Posture
Refugee Protection (irpa) / Hearing and Decision on Merits
Outcome
All three claims rejected; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Victim of Criminality, Nexus to Convention Grounds, Section 96 IRPA, Section 97 IRPA, Credibility Findings, Generalized Risk
Source Language
English
Immigration Law Refugee Law Administrative Law Victim of Criminality Nexus to Convention Grounds Section 96 IRPA Section 97 IRPA Credibility Findings +1 more

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Parties

XXXXX XXXXX XXXXX

Male Claimant

XXXXX XXXXX XXXXX XXXXX XXXXX

Female Claimant

XXXXX XXXXX XXXXX XXXXX

Minor Claimant (daughter)

Procedural Posture

Refugee Protection (irpa) / Hearing and Decision on Merits

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 of the IRPA
  2. 2 Whether claimants are persons in need of protection under section 97 of the IRPA
  3. 3 Whether there is nexus between alleged persecution and a Convention ground

Ratio Decidendi

The claims are rejected because the Board found the claimants were victims of common criminality without nexus to a Convention ground and did not face a personalized risk greater than that faced generally in Mexico under s.97; credibility issues and inconsistencies further undermined their accounts.

Court Disposition

All three claims rejected; claimants are neither Convention refugees nor persons in need of protection.

Orders

  • The claim of XXXXX XXXXX XXXXX is rejected.
  • The claim of XXXXX XXXXX XXXXX XXXXX is rejected.